Summary:

• A five-member constitutional court panel in Uganda is set to hear four petitions challenging the anti-homosexuality law enacted in early 2023, with applications from individuals seeking to defend or be recognized as necessary parties, and the court is slated to address key issues regarding the law’s constitutionality and public participation.

A five-member constitutional court panel has been assigned to review four petitions challenging Uganda’s recently enacted anti-homosexuality law. The judges, led by Deputy Chief Justice Richard Buteera and including Justice Christopher Gashirabake, Muzamiru Kibeedi, Monica Mugenyi, and Geoffrey Kiryabwire, were announced on Tuesday in anticipation of Wednesday’s hearing, where applications by Pr Martin Sempa and Eng Stephen Langa will be considered.

Pr Sempa, in his application, seeks to join the Attorney General in defending the anti-gay legislation, while Eng Langa aims to be recognized as a necessary party, along with other amicus applications. Following the hearing on Wednesday, the judges are scheduled to address the main petitions on December 18.

The legal matters presented encompass 14 issues raised by both petitioners, including West Budama lawmaker Fox Odoi, Uganda’s Ambassador to South Africa Kintu Nyango, journalist Andrew Mwenda, law professors Sylvia Tamale and Busingye Kabumba from Makerere University, and various civil society organizations. The court will deliberate on whether the Anti-Homosexuality Act of 2023 violates the court’s decisions and judgments, contravenes constitutional articles related to public funds, and was enacted without sufficient public participation, among other considerations.

The Anti-Homosexuality Act, 2023 imposes severe penalties, ranging from death for aggravated homosexuality to imprisonment not exceeding 20 years, for offenses such as promoting, facilitating, and failing to report acts of homosexuality.